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FILE NAME
VOLUME
CHAPTER
TITLE
Ch XXV 2 c
VOL-2
Chapter XXV. Telecommunications
2. c). Amendments to the Constitution of the AsiaPacific Telecommunity. New Delhi, 23 October 2882
Constitution
ofthe Asia-PacifIC Teleco1ll1lJll1Jity
The Government Parties to this Constitution, being members and associate members
of the United Nations Economic and Social Commission for Asia and the Pacific
(hereinafter referred to as "ESCAP");
Considering the need for close cooperation in the development of telecommunication
services and infonnation infrastructure among the states and territories of the ESCAP
region (hereinafter referred to as the "region");
Recognidng the contribution that can be made by a regional organization towards
the balanced development of telecommunication services and information
infrastructure;
Realizing the importance of a structure through which information can be ･ｸ｣ｾｧ､＠
and the rapid ad:vances in telecommunication services and information infrastructure
discussed;
Acknowledging that the active participation of the membership in the affairs and
activities of the organization is critical to accomplishing "the objectives herein set
forth·,
" Hereby agree as follows:
Article" 1:" "EstabliSltment
The "Asia-Pacific Telecommunity" (hereinafter referred to as the
"Telecommunity") is hereby established as a regional telecommunication
organization in conformity with Article 32 of the International Telecommunication
Convention (Malaga Torremelfuos, 1973).
I. The objective of the Telecommunity shall be to foster the development of
telecommunication services and infonnation infrastructure throughout the region
with a particular focus on the expansion thereof in less developed areas.
2.
In furtherance thereof, the Telecommunity may:
(a) Promote the expansion of telecommunication services and information
infrastructure and the maxiInization of the benefits of information and
telecommWlications technology for the welfare of the people in the region;
(b) Develop regional cooperation in areas of common interest, including radio
communications and standards ､･ｶｬｯｰｭｾｴ［＠
(c) Undertake studies relating to developments in telecommunication and
information infrastructure technology and policy and regulation in
. coordination with other international organizations, where pertinent;
(d) Encourage technology transfer, human resource development and the
exchange of information for the balanced development of telecommunication
services and information infrastructure within the region; and
(e) Facilitate coordination within the region with regard to ｭ｡ｪｾ＠
issues pertaining
to telecommunication services and information infrastructure with a view to
strengthening the region's international position.
1. The Telecommunity shall comprise Members, Associate Members and Affiliate
Members.
2. Membership in the Telecommunity shall be open to any State within the region
which is a member of ESCAP. Any such State on becoming a party to this
Constitution in accordance with the provisions of Article 17 or Article 19 shall
become a Member of the Telecommunity.
3. Any State within the region which does not qualify for membership under
paragraph 2 of this Article, shall become a Member after having secured the
affirmative vote of two-thirds of all Members, and upon becoming a party to this
Constitution in accordance with the provisions of Article 19.
4. Associate.membership in the Telecommunity shall be open to any territory, part
. or group of territories within the region which is an associate member of ESCAP.
Any such territory, part or group of territories on becoming a party to this
Constitution in accordance with the provisions of Article 17 of Article 19 and the
2
proVISIOns of Article 20, shall become an Associate Member of the
Telecommunity.
5. (a) An Affiliate Member of the Telecommunity shall be any enterprise, agency,
institute, organization, association, or other undertaking, entity or participant,
whether private or government owned, commercial or not-for-profit, active in
telecommunication services or information infrastructure with a substantial
presence in, and commitment to, the region which is prepared to participate
in, and contribute to, the work and activities of the Telecommunity.
(b) An applicant for Affiliate Membership shall be nominated by a Member or an
Associate Member.
(c) Members and Associate Members may, however, notify the Secretary
General of the manner in which applications from bodies described in subparagraph 5(a) of this Article located in their jurisdiction may be submitted.
(d) An applicant for Affiliate Membership may address its application directly to
the Secretary General, if permitted, after notification described in subparagraph 5(c) of this Article.
(e) The applicant shall become an Affiliate Member of the Telecommunity upon
the acceptance of its application by the Secretary ｾ･ｲ｡ｬ＠
and its agreement
to conform to the terms and condition of its membership as determined by
the Secretary General.
(f) The Management Committee shall adopt guidelines establishing criteria
relating to the application procedure to be followed by the prospective
Affiliate Member, the review procedure to be followed by the Secretary
General and the terms and conditions upon which Affiliate Membership shall
be granted.·
Article-4 :
Recognjtio,,· ofRights
The Telecommunity shall respect the rights of a Member and an Associate
Member to regulate their telecommunication services and information infrastructure.
It shall also take into consideration the obligations of a Member, an Associate
Member and an Affiliate Member to the existing international and regional
telecommunication organizations.
3
Article 5 :
Headquarters
. The headquarters of the Telecommunity shall be at Bangkok unless the General
Assembly decides on a different location.
The official language of the Telecommunity shall be English.
. ａＧＭｚｾＢｩｐ＠
ｮＮｲｾＺｔ＠
."'.
.
ＮＰｴｧｲｭｓＧｾ＠
_
., .
.
1. The principal organs of the Telecommunity shall be:
(a) The General Assembly;
(b) The Management Committee; and
(c) The Secretariat.
2. The General Assembly or the Management Committee shall establish such,
subsidiary bodies and expert groups as they deem necessary for fulfilling the
objectives of Telecommunity.
.
3. Whenever such bodies or groups are established, their terms of reference, period
of tenure, other rules for the conduct of their activities, and budgetary provisions
shall be simultaneously laid down.
.
4. The meetings of the General Assembly and the Management Committee shall be
held at the headquarters of the Telecommunity unless the respective organs
decided otherwise.
.
Artide8.:The: G.eneralA'ssemlily·
1. The General Assembly shall be the supreme organ of the Telecommunity and
shall be composed of all the Members and Associate Members of the
Telecommunity.
2. Each Member shall have one vote in the General Assembly.
3. An Associate Member shall not have the right to vote in the General Assembly.
4. An Affiliate Member may participate in the deliberations of the General
Assembly as an observer.
4
5. The General Assembly shall meet in ordinary session every three years and in
extraordinary session when circumstances require. Extraordinary sessions shall
be convened by the President of the General Assembly at the request of a simple
majority of the Members of the -Telecommunity..
6. The General Assembly shall:
(a)Establish general policies and principles for the fulfilment of the objectives of
the Telecommunity and for such other matters as the General Assembly may
deem to be within the competence of the Telecommunity;
(b) Establish the basis for the annual budget of the Telecommunity and determine
the limits of annual expenditure until the next ordinary session of the General
Assembly;
(c) Receive and consider the reports of the Management Committee on the
.activities of the TelecoDummity and give directives to it in regard to matters
upon which action may be deemed necessary;
(d) Conclude or revise, if necessary, agreements between the Telecommunity and
Governments, organizations or administrations;
(e) Elect the Secretary General and Deputy Secretary General of the
Telecommunity and defme the terms and conditions of their employment;
(f) Consider and adopt, if appropriate, proposals that may be made to the General
Assembly by Members in accordance with other provisions of this
constitution;
(g) (i) Suspend, where it deems such action appropriate with regard to all relevant
circumstances, the right of a Member which is in arrears in its payments to the
Telecommunity to vote in the General Assembly, the Management Committee
and in the subsidiary bodies for so long as the amount of its arrears equals or
exceeds the amount of regular contribution due from it for the preceding two
years;
(ii) Suspend, where it deems such action appropriate with regard to all relevant
circumstances, the right of an Associate Member which is in arrears in its
payments to the Telecommunity to benefit by the Telecommunity's activities,
for so long as the amount of its arrears equals or exceeds the amount of regular
contribution due from it for the preceding two years; and
5
(iii) Take such action, in respect of an Affiliate Member, as it may deem
appropriate with regard to all relevant circumstances, including, without
limitation, the suspensiQn of observation rights or. rights to participate in,
or benefit by, the Telecommunity's activities, upon its failure to fulfill any
obligation, financial or otherwise, undertaken by it in accordance with this
Constitution or any commitment made by it concerning its participation 'in
the Telecommunity; and
(h)Adopt its own rules of procedure.
7. The General Assembly shall elect a President and two Vice-Presidents at each
ordinaIy session from among the representatives of the Members of the
Telecommunity.. The President and the two Vice-Presidents shall each hold
office 1Dltil the next ordinaIy session of the General Assembly. They shall be
eligible for election for a further term to any of these offices, but no person shall
be eligible for election to the same office for more than two consecutive terms.
ＸｾＮ＠
The President elected by the General Assembly shall have the title of "President
of the Asia-Pacific Telecommunity".
9. The session of the General Assembly shall be presided over by the President
Owing each session, the date and place of meeting of the next session shall be
detennined.
.
10. When the President of the General Assembly is for any reason unable to perfonn
. his functions under this Article, one of the Vice-Presidents shall perform' the
functions of the President.
It.Subject to the provisions of this Constitution, the decisions of the General
Assembly shall be made by consensus. Where the President is unable to discern a
decisions shall be made by a simple majority of the
consensus on any ｭ｡ｴ･ｲｾ＠
Members present and voting, with the exception that decisions on financial
matters shall require a two-thirds majority of the Members present and voting.
Abstentions shall not be taken into account when calculating the majority.
12.A quorum for a meeting of the General Assembly shall consist of the
. representatives ofa simple majority of the Members of the Telecommunity.
6
Article 9·: The Management Committee
1. The Management Committee shall be composed of all the Members and Associate
Members of the Telecommunity.. Each Member and Associate Member shall be
represented by one representative who may be accompanied by advisers.
2. Each Member shall have one vote in the Management Committee.
3. An Associate Member shall not have the right to vote in the Management
Committee.
4. An Affiliate Member may participate in the deliberations of the Management
Committee as an observer.
5. In the interval between General Assembly meetings, the Management Committee
shall act as the governing body of the Telecommunity, on behalf of the General
Assembly within the limits of the powers delegated to it by the latter. The
Management Committee, pursuant to such policies and principles as the General
Assembly may establish and such specific delegations of power and directives as
the General Assembly may issue, shall:
(a) Supervise the administrative functions of the Telecommunity;
"<
(b) Draw up such regulations as it may consider necessary for the administrative,
financial and other activities of the Telecommunity;
(c) Consider and approve the programme of work of the Telecommunity;
(d) Consider and approve the annual budget of the Telecommunity and any
supplementary budget deemed necessary on the basis and within the limits of
the annual expenditure established by the General Assembly;
(e) Review the audit and approve the accounts of the Telecommunity;
(f) Consider and approve the annual reports on the work of the Telecommunity
and submit its report to the General Assembly;
(g)Keep under review, direct, control and co-ordinate all activities of the
Secretariat;
7
(h) Conclude, on behalf of the Telecommunity, provisional agreements between
the Telecommunity and Governments, organizations or administrations. Seek
approval of the General Assembly and in the intervals between sessions of the
General Assembly seek approval, by a' simple majority of the Members, by
correspondence for agreements thus concluded. Associate Members and
Affiliate Members could also be consulted, by correspondence, if necessary;,
(i) Request the President of the General Assembly to take necessary steps to
resolve questions which are not covered by this constitution and in the
intervals between sessions of the General Assembly, if necessary, seek, by
correspondence, approval of a two-thirds majority of the Members, for steps to
be taken to resolve such questions stated above;
.'
(j) Determine how the Telecommunity ought to be represented at conferences or
meetings to which the Telecommunity may be invited; .
(k)Determine the duties of the' Secretariat and define the terms and conditions of
employment of the officials of the Secretariat other than the Secretary General
and the Deputy Secretary General; and
(I) Adopt its own rules of procedure.
6. The Management Committee shall elect a Chainnan and two Vice- Chairmen
every two years from among the representatives of the Members of the
Telecommunity. The Chairman and the two Vice-Chairmen shall each hold
office until the holding of next election. They shall be eligible for election for a
further term to any of these offices, but no person shall be eligible for election to
the same office for more than two consecutive terms.
7. The Management Committee shall meet once a yeer. Additional meetings shall
be convened by the Chairman of the Management Committee if:
(a)A simple majority of the Members request such a meeting and agree to be
present; or
(b) The Chairman considers the holding of such a meeting necessary and a simple
majority of the Members agree to be present.
The Chairman of the Management Committee shall inform the President of the
ｇ･ｮｾ｡ｬ＠
Assembly if he considers that a matter might be of particular concern to the
ｇ･ｮｾ｡ｬ＠
Assembly.
8
8. A quorum for a meeting of the Management Committee shall consist of the
representatives ofa simple majority of the Members of the Telecommunity.
9. Subject to the provisions of this Constitution, decisions of the Management
Committee shall be made by consensus, where possible. Where the Chairman is
unable to discern a consensus on any matter, a decision shall be made by a simple "
majority of Members present and voting with the exception that decisions on
financial matters shall require a two-thirds majority of the Members present and
voting. Abstentions shall not be taken into account when calculating the majority.
1. The Secretariat of the Telecommunity shall be composed of the Secretary General
of the Telecommunity, who shall be its chief administrative officer, the Deputy
Secretary General and such other officials as may be deemed necessary by the
Management Committee.
2. The Secretary General and the Deputy Secretary General shall hold office for a
tenn of three years. They shall be eligible for re-appointment but shall not hold
office for more than two consecutive tenns.
3. Such other officials as may be deemed necessary by the Manageinent Committee
shall be appointed by the Secretary General on such terms of service as the
Management Committee may detennine.
4. The Secretary ｇ･ｮｲｾＬ＠
and the Deputy Secretary General, assisted by the other
officials of the Secretariat, shall carry out the duties established by the
Management Committee, including;
(a) Serving as secretary of the General Assembly and of the Management
Committee;
(b) Providing secretariat services to the principal organs and the subsidiary bodies
of the Telecommunity and arranging the convening of their meetings;
(c) Keeping all records of the Telecommunity;
(d) Performing any function that may be "entrusted to them by the General
Assembly or the Management Committee;
9
(e) Being responsible to the Management Committee for the administration of the
Telecommunity;
(f) Implementing, wnere required t6 do so, decisions of the General Assembly and
the Management Committee;
(g) Administering the technical assistance programmes and projects of the
Telecommunity;
(h) Where necessary, and except where otherwise directed by the General
Assembly or the Management Committee, representing the Telecommunity at
conferences or meetings to which the Telecommunity may be invited;
(i) Preparing the draft programme of work, budget estimates, accounts, annual
reports and periodic reports of the Telecommunity for submission to the
Management Committee for its consideration and approval.
1. There shall be two categories of budgets of the Telecommunity:
(a) The General Budget; and
(b) Special Budgets.
2. The expenses of the General Budget shall include the costs of:
(a) The General Assembly;
(b) The Management Committee;
(c) Conferences, meetings or other activities summoned by the Telecommunity for
which the expense is approved by the General Assembly or Management
Committee;
(d) The Secretariat and its activities;
(e) Technical Assistant activities of the Telecommunity; and
(f) Any other items as tht? General Assembly or the Management Committee may
approve.
3. The expenses of the Special Budgets shall include the costs of:
/0
(a) Activities for which the General Assembly or Management Committee
approves the expenses to be covered by a Special Budget; and
(b) Conferences or meetings convened by the Telecommunity for which the
expense is not covered in the General Budget.
4. The expenses of the Telecommunity shall ｢ｾ＠
met from the following sources:
(a) Regular contributions of the Members and Associate Members which shall be
a sum proportional to the number of units in the class of contribution
voluntarily chosen upon becoming the Members and Associate Members from
the following scale of unit classes:
60. 50. 40.30. 25. 20. 18. 16, 14, 12, 10, 9, 8, 7, 6, 5, 4, 3,2, 1, 0.5.
No reduction in a unit classification established in accordance with this
Constitution shall take effect between sessions of the General Assembly.
(b) Extra-budgetary contributions either in cash or in some other form which may
be voluntarily made by Members, Associate Members and other sources;
(c) The annual regular and extra-budgetary contributions made by the Affiliate
Members in accordance with their terms of affiliate membership; and
(d)Any other income earned by the Telecommunity.
5. The Members, Associate Members and Affiliate Members shall pay in 8dvance
their annual contributory shares, calculated on the basis of the annual budget
approved .by the Management Committee.
6. Each Member, Associate Member and Affiliate Member shall bear the expenses
of its delegations to the General Assembly, to the Management Committee and to
any other bodies on which it may be represented.
Article 12:
Legal Capacity, Privileges and Immunities
1. The Telecommunity shall possess juridical personality. It shall have the capacity
to:
Jl
(a) Contract;
(b) Acquire and dispose of immovable and movable property;
(c) Institute legal proceedings.
2. The Telecommunity shall conclude a headquarters agreement with its host
government.
3'. The Telecommunity and the officials thereof may enjoy, in the territory of ｾ｡｣ｨ＠
of
the Members and Associate Members of the Telecommunity, such privileges and
immunities as may be necessary for the exercise of its functions and fulfilment of
its objective as are accorded to the United Nations and the officials thereof under
. the Convention on the Privileges and Immunities of the United Nations, 1946, or,
at the option of any Member or Associate Member such privileges and immunities
as may be defmed by agreements concluded between it and the Telecommunity.
The Telecommunity shall establish and maintain close relations with the
. appropriate UnIted Nations bodies and specialized agencies and other appropriate
international and regional organizations.
Article 14: Withdrawal/Tom the Telecommunity
1. Any Member, Associate Member or Affiliate Member of the Telecommunity may
withdraw from the Telecommunity by a notification of withdrawal, addressed to
the Secretary General.
2. The Secretary General shall infonn all other Members, Associate Members and
Affiliate Members of his receipt of the notification, and transmit the notification
to the Depositary under Article 16 of this Constitution.
3. A notification of withdrawal shall take effect on the last day of-the same fiscal
year if it is received by the Secretary General within the first six months of the
fiscal year and one year after the receipt of notification if it is received later.
12
4. Any Member, Associate Member or Affiliate Member withdrawing from the
Telecommunity shall continue to be responsible for the obligations incurred for
the period of its membership.
Article 15: Dissolution ofthe TelecomnJ!",ity .
1. The General Assembly of the Telecommunity may, by a two-thirds majority of
the Members pre·sent and voting, resolve that the Telecommunity be dissolved.
2. On the approval of such a resolution by two-thirds of the Members of the
Telecommunity, in notifications addressed to the Secretary General, the necessary
steps shall be taken by the General Assembly for' dissolution of the
Telecommunity. These steps shall include establishment by the General
Assembly of a committee to liquidate the assets of the Telecommunity.
3. The General Assembly shall, at the appropriate stage, adopt a final declaration
stating that the Telecommunity is dissolved.
The declaration shall be
communicated by the Secretary General to the Depositary under Article 16 of this
Constitution.
kticle 16: Depositary o.fthe. ｃｯｾＢｴｩｮ＠
This Constitution shall be deposited with the Secretary General of the United
Nations (referred to as the "Depositary").
A.rticle 17: Signature, Ratification or A.cceptance
1. This Constitution shall until its entry into force be open for signature by all those
eligible for m.embership or associate membership of the Telecom.m.unity under
paragraph 2 or 4 respectively of Article 3.
2. This Constitution shall remain open for signature at the Headquarters of the
United:Nations, New York, where it will remain in deposit.
3. The Depositary shall send certified copies of this Constitution to all States and all
associate members of ESCAP eligible for membership in the Telecommunity
under paragraph 2 or 4 of Article 3.
4. This Constitution shall be subject to ratification or acceptance by the signatories.
The instruments of ratification or acceptance shall be deposited with the
13
Depositary who shall notify the other signatories of each deposit and the date
thereof.
5. Any signatory whose instrument of ratification or acceptance is deposited before
the date on which this Constitution enters into force, shall become a Member or
Associate Member of the Telecommunity on the date' of entry into force of this
Constitution. Any other signatory who complies with the provisions of the
preceding paragraph, shall become a Member or Associate Member of the
Telecommunity on the thirtieth day after the date on which its· instrument of
ratification or acceptance is deposited.
This Constitution shall enter into force on the thirtieth day after the deposit of
instruments of ratification or acceptance with the Depositary, by seven signatory
States that are eligible for membership in the Telecommunity under paragraph 2 of
Article 3, including Thailand, the country in which the headquarters of the
Telecommunity shall be.
ａｲｴｩ｣ｬ･ＺＢｾＱｮ＠
1. Any State eligible for membership in the Telecommunity under paragraph 2 of
Article 3 or any territory, part or group of territories 'eligible for associate
membership under paragraph 4 of Article 3, may accede to this Constitution by
deposit of an instrument of accession with the Depositary.
2. The instrument of accession shall become effective on the thirtieth day after the
date of its deposit. The pepositary shall notify the Members, Associate Members
and Affiliate Members of each. accession when it is received.
Article 20·: Associate ｍ･ｭ｢ｲｳｾｯｦｅｓｃａｐ＠
If any territory, part or group of territories eligible for associate membership in
the Telecommunity under paragraph 4 of Article 3, is not fully responsible for the
conduct of its international relations and if the Government of the State responsiQle
for the conduct of the international relations of that associate member, does not
accede to or is not eligible to accede to this Constitution on the associate member's
behalf, the associate member shall at the time of acceding to this Constitution present
an instrument issued by the Government of the State responsible for the conduct of
the international relations of the associate member confirming that the associate
14
member has authority to be a party to, and to assume rights and obligations under,
this Constitution.
Article 21: Amendment ofthe Constitution
1. Any Member may propose amendments to this Constitution.
2. Adoption of an amendment to this Constitution shall require a two-thirds majority,
of the Members present and voting in'the General Assembly.
3. The amendments shall enter into force on the thirtieth day after the deposit with
the Depositary of instruments of ratification or acceptance of such amendments by
two-thirds of the Members.
4. Any amendments to this Constitution shall be applied provisionally from the date
of their adoption where such is expressly provided therein pending their entry into
force in accordance with paragraph 3 of this Article 21. '
INFAITH WHEREOF the \Uldersigned, having been duly authorized to this effect by
their respective Governments, have signed this draft Constitution subject to ､ｾ･＠
process of ratification by Members on the dates appearing opposite their signatures.
/5
CERTIFICATION
CERTIFICAT
I hereby certify that the attached
document is a true copy of the English
text of the Amendments to the
Asia-Pacific Telecommunity done at
New Delhi on 23 November 2002, the
original of which is deposited with the
Secretary-General of the United Nations.
Je certifie que le texte ci-joint est
une copie conforme du texte anglais
des Amendements aux Statuts
de la Télécommunauté pour l'Asie et le
Pacifique fait à New Delhi le 23 octobre
2002, dont l’original est déposé auprès
du Secrétaire général.
Chief, Treaty Section,
Office of Legal Affairs
Chef de la Section des Traités,
Bureau des Affaires juridiques
Palitha T. B. Kohona
United Nations
New York, December 2005
Organisation des Nations Unies
New York, décembre 2005
Certified true copy XXV.2 (c)
Copie certifiée conforme XXV.2 c)
November 2004
FILE NAME
VOLUME
CHAPTER
TITLE
Ch XXV 2 c
VOL-2
Chapter XXV. Telecommunications
2. c). Amendments to the Constitution of the AsiaPacific Telecommunity. New Delhi, 23 October 2882
Constitution
ofthe Asia-PacifIC Teleco1ll1lJll1Jity
The Government Parties to this Constitution, being members and associate members
of the United Nations Economic and Social Commission for Asia and the Pacific
(hereinafter referred to as "ESCAP");
Considering the need for close cooperation in the development of telecommunication
services and infonnation infrastructure among the states and territories of the ESCAP
region (hereinafter referred to as the "region");
Recognidng the contribution that can be made by a regional organization towards
the balanced development of telecommunication services and information
infrastructure;
Realizing the importance of a structure through which information can be ･ｸ｣ｾｧ､＠
and the rapid ad:vances in telecommunication services and information infrastructure
discussed;
Acknowledging that the active participation of the membership in the affairs and
activities of the organization is critical to accomplishing "the objectives herein set
forth·,
" Hereby agree as follows:
Article" 1:" "EstabliSltment
The "Asia-Pacific Telecommunity" (hereinafter referred to as the
"Telecommunity") is hereby established as a regional telecommunication
organization in conformity with Article 32 of the International Telecommunication
Convention (Malaga Torremelfuos, 1973).
I. The objective of the Telecommunity shall be to foster the development of
telecommunication services and infonnation infrastructure throughout the region
with a particular focus on the expansion thereof in less developed areas.
2.
In furtherance thereof, the Telecommunity may:
(a) Promote the expansion of telecommunication services and information
infrastructure and the maxiInization of the benefits of information and
telecommWlications technology for the welfare of the people in the region;
(b) Develop regional cooperation in areas of common interest, including radio
communications and standards ､･ｶｬｯｰｭｾｴ［＠
(c) Undertake studies relating to developments in telecommunication and
information infrastructure technology and policy and regulation in
. coordination with other international organizations, where pertinent;
(d) Encourage technology transfer, human resource development and the
exchange of information for the balanced development of telecommunication
services and information infrastructure within the region; and
(e) Facilitate coordination within the region with regard to ｭ｡ｪｾ＠
issues pertaining
to telecommunication services and information infrastructure with a view to
strengthening the region's international position.
1. The Telecommunity shall comprise Members, Associate Members and Affiliate
Members.
2. Membership in the Telecommunity shall be open to any State within the region
which is a member of ESCAP. Any such State on becoming a party to this
Constitution in accordance with the provisions of Article 17 or Article 19 shall
become a Member of the Telecommunity.
3. Any State within the region which does not qualify for membership under
paragraph 2 of this Article, shall become a Member after having secured the
affirmative vote of two-thirds of all Members, and upon becoming a party to this
Constitution in accordance with the provisions of Article 19.
4. Associate.membership in the Telecommunity shall be open to any territory, part
. or group of territories within the region which is an associate member of ESCAP.
Any such territory, part or group of territories on becoming a party to this
Constitution in accordance with the provisions of Article 17 of Article 19 and the
2
proVISIOns of Article 20, shall become an Associate Member of the
Telecommunity.
5. (a) An Affiliate Member of the Telecommunity shall be any enterprise, agency,
institute, organization, association, or other undertaking, entity or participant,
whether private or government owned, commercial or not-for-profit, active in
telecommunication services or information infrastructure with a substantial
presence in, and commitment to, the region which is prepared to participate
in, and contribute to, the work and activities of the Telecommunity.
(b) An applicant for Affiliate Membership shall be nominated by a Member or an
Associate Member.
(c) Members and Associate Members may, however, notify the Secretary
General of the manner in which applications from bodies described in subparagraph 5(a) of this Article located in their jurisdiction may be submitted.
(d) An applicant for Affiliate Membership may address its application directly to
the Secretary General, if permitted, after notification described in subparagraph 5(c) of this Article.
(e) The applicant shall become an Affiliate Member of the Telecommunity upon
the acceptance of its application by the Secretary ｾ･ｲ｡ｬ＠
and its agreement
to conform to the terms and condition of its membership as determined by
the Secretary General.
(f) The Management Committee shall adopt guidelines establishing criteria
relating to the application procedure to be followed by the prospective
Affiliate Member, the review procedure to be followed by the Secretary
General and the terms and conditions upon which Affiliate Membership shall
be granted.·
Article-4 :
Recognjtio,,· ofRights
The Telecommunity shall respect the rights of a Member and an Associate
Member to regulate their telecommunication services and information infrastructure.
It shall also take into consideration the obligations of a Member, an Associate
Member and an Affiliate Member to the existing international and regional
telecommunication organizations.
3
Article 5 :
Headquarters
. The headquarters of the Telecommunity shall be at Bangkok unless the General
Assembly decides on a different location.
The official language of the Telecommunity shall be English.
. ａＧＭｚｾＢｩｐ＠
ｮＮｲｾＺｔ＠
."'.
.
ＮＰｴｧｲｭｓＧｾ＠
_
., .
.
1. The principal organs of the Telecommunity shall be:
(a) The General Assembly;
(b) The Management Committee; and
(c) The Secretariat.
2. The General Assembly or the Management Committee shall establish such,
subsidiary bodies and expert groups as they deem necessary for fulfilling the
objectives of Telecommunity.
.
3. Whenever such bodies or groups are established, their terms of reference, period
of tenure, other rules for the conduct of their activities, and budgetary provisions
shall be simultaneously laid down.
.
4. The meetings of the General Assembly and the Management Committee shall be
held at the headquarters of the Telecommunity unless the respective organs
decided otherwise.
.
Artide8.:The: G.eneralA'ssemlily·
1. The General Assembly shall be the supreme organ of the Telecommunity and
shall be composed of all the Members and Associate Members of the
Telecommunity.
2. Each Member shall have one vote in the General Assembly.
3. An Associate Member shall not have the right to vote in the General Assembly.
4. An Affiliate Member may participate in the deliberations of the General
Assembly as an observer.
4
5. The General Assembly shall meet in ordinary session every three years and in
extraordinary session when circumstances require. Extraordinary sessions shall
be convened by the President of the General Assembly at the request of a simple
majority of the Members of the -Telecommunity..
6. The General Assembly shall:
(a)Establish general policies and principles for the fulfilment of the objectives of
the Telecommunity and for such other matters as the General Assembly may
deem to be within the competence of the Telecommunity;
(b) Establish the basis for the annual budget of the Telecommunity and determine
the limits of annual expenditure until the next ordinary session of the General
Assembly;
(c) Receive and consider the reports of the Management Committee on the
.activities of the TelecoDummity and give directives to it in regard to matters
upon which action may be deemed necessary;
(d) Conclude or revise, if necessary, agreements between the Telecommunity and
Governments, organizations or administrations;
(e) Elect the Secretary General and Deputy Secretary General of the
Telecommunity and defme the terms and conditions of their employment;
(f) Consider and adopt, if appropriate, proposals that may be made to the General
Assembly by Members in accordance with other provisions of this
constitution;
(g) (i) Suspend, where it deems such action appropriate with regard to all relevant
circumstances, the right of a Member which is in arrears in its payments to the
Telecommunity to vote in the General Assembly, the Management Committee
and in the subsidiary bodies for so long as the amount of its arrears equals or
exceeds the amount of regular contribution due from it for the preceding two
years;
(ii) Suspend, where it deems such action appropriate with regard to all relevant
circumstances, the right of an Associate Member which is in arrears in its
payments to the Telecommunity to benefit by the Telecommunity's activities,
for so long as the amount of its arrears equals or exceeds the amount of regular
contribution due from it for the preceding two years; and
5
(iii) Take such action, in respect of an Affiliate Member, as it may deem
appropriate with regard to all relevant circumstances, including, without
limitation, the suspensiQn of observation rights or. rights to participate in,
or benefit by, the Telecommunity's activities, upon its failure to fulfill any
obligation, financial or otherwise, undertaken by it in accordance with this
Constitution or any commitment made by it concerning its participation 'in
the Telecommunity; and
(h)Adopt its own rules of procedure.
7. The General Assembly shall elect a President and two Vice-Presidents at each
ordinaIy session from among the representatives of the Members of the
Telecommunity.. The President and the two Vice-Presidents shall each hold
office 1Dltil the next ordinaIy session of the General Assembly. They shall be
eligible for election for a further term to any of these offices, but no person shall
be eligible for election to the same office for more than two consecutive terms.
ＸｾＮ＠
The President elected by the General Assembly shall have the title of "President
of the Asia-Pacific Telecommunity".
9. The session of the General Assembly shall be presided over by the President
Owing each session, the date and place of meeting of the next session shall be
detennined.
.
10. When the President of the General Assembly is for any reason unable to perfonn
. his functions under this Article, one of the Vice-Presidents shall perform' the
functions of the President.
It.Subject to the provisions of this Constitution, the decisions of the General
Assembly shall be made by consensus. Where the President is unable to discern a
decisions shall be made by a simple majority of the
consensus on any ｭ｡ｴ･ｲｾ＠
Members present and voting, with the exception that decisions on financial
matters shall require a two-thirds majority of the Members present and voting.
Abstentions shall not be taken into account when calculating the majority.
12.A quorum for a meeting of the General Assembly shall consist of the
. representatives ofa simple majority of the Members of the Telecommunity.
6
Article 9·: The Management Committee
1. The Management Committee shall be composed of all the Members and Associate
Members of the Telecommunity.. Each Member and Associate Member shall be
represented by one representative who may be accompanied by advisers.
2. Each Member shall have one vote in the Management Committee.
3. An Associate Member shall not have the right to vote in the Management
Committee.
4. An Affiliate Member may participate in the deliberations of the Management
Committee as an observer.
5. In the interval between General Assembly meetings, the Management Committee
shall act as the governing body of the Telecommunity, on behalf of the General
Assembly within the limits of the powers delegated to it by the latter. The
Management Committee, pursuant to such policies and principles as the General
Assembly may establish and such specific delegations of power and directives as
the General Assembly may issue, shall:
(a) Supervise the administrative functions of the Telecommunity;
"<
(b) Draw up such regulations as it may consider necessary for the administrative,
financial and other activities of the Telecommunity;
(c) Consider and approve the programme of work of the Telecommunity;
(d) Consider and approve the annual budget of the Telecommunity and any
supplementary budget deemed necessary on the basis and within the limits of
the annual expenditure established by the General Assembly;
(e) Review the audit and approve the accounts of the Telecommunity;
(f) Consider and approve the annual reports on the work of the Telecommunity
and submit its report to the General Assembly;
(g)Keep under review, direct, control and co-ordinate all activities of the
Secretariat;
7
(h) Conclude, on behalf of the Telecommunity, provisional agreements between
the Telecommunity and Governments, organizations or administrations. Seek
approval of the General Assembly and in the intervals between sessions of the
General Assembly seek approval, by a' simple majority of the Members, by
correspondence for agreements thus concluded. Associate Members and
Affiliate Members could also be consulted, by correspondence, if necessary;,
(i) Request the President of the General Assembly to take necessary steps to
resolve questions which are not covered by this constitution and in the
intervals between sessions of the General Assembly, if necessary, seek, by
correspondence, approval of a two-thirds majority of the Members, for steps to
be taken to resolve such questions stated above;
.'
(j) Determine how the Telecommunity ought to be represented at conferences or
meetings to which the Telecommunity may be invited; .
(k)Determine the duties of the' Secretariat and define the terms and conditions of
employment of the officials of the Secretariat other than the Secretary General
and the Deputy Secretary General; and
(I) Adopt its own rules of procedure.
6. The Management Committee shall elect a Chainnan and two Vice- Chairmen
every two years from among the representatives of the Members of the
Telecommunity. The Chairman and the two Vice-Chairmen shall each hold
office until the holding of next election. They shall be eligible for election for a
further term to any of these offices, but no person shall be eligible for election to
the same office for more than two consecutive terms.
7. The Management Committee shall meet once a yeer. Additional meetings shall
be convened by the Chairman of the Management Committee if:
(a)A simple majority of the Members request such a meeting and agree to be
present; or
(b) The Chairman considers the holding of such a meeting necessary and a simple
majority of the Members agree to be present.
The Chairman of the Management Committee shall inform the President of the
ｇ･ｮｾ｡ｬ＠
Assembly if he considers that a matter might be of particular concern to the
ｇ･ｮｾ｡ｬ＠
Assembly.
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8. A quorum for a meeting of the Management Committee shall consist of the
representatives ofa simple majority of the Members of the Telecommunity.
9. Subject to the provisions of this Constitution, decisions of the Management
Committee shall be made by consensus, where possible. Where the Chairman is
unable to discern a consensus on any matter, a decision shall be made by a simple "
majority of Members present and voting with the exception that decisions on
financial matters shall require a two-thirds majority of the Members present and
voting. Abstentions shall not be taken into account when calculating the majority.
1. The Secretariat of the Telecommunity shall be composed of the Secretary General
of the Telecommunity, who shall be its chief administrative officer, the Deputy
Secretary General and such other officials as may be deemed necessary by the
Management Committee.
2. The Secretary General and the Deputy Secretary General shall hold office for a
tenn of three years. They shall be eligible for re-appointment but shall not hold
office for more than two consecutive tenns.
3. Such other officials as may be deemed necessary by the Manageinent Committee
shall be appointed by the Secretary General on such terms of service as the
Management Committee may detennine.
4. The Secretary ｇ･ｮｲｾＬ＠
and the Deputy Secretary General, assisted by the other
officials of the Secretariat, shall carry out the duties established by the
Management Committee, including;
(a) Serving as secretary of the General Assembly and of the Management
Committee;
(b) Providing secretariat services to the principal organs and the subsidiary bodies
of the Telecommunity and arranging the convening of their meetings;
(c) Keeping all records of the Telecommunity;
(d) Performing any function that may be "entrusted to them by the General
Assembly or the Management Committee;
9
(e) Being responsible to the Management Committee for the administration of the
Telecommunity;
(f) Implementing, wnere required t6 do so, decisions of the General Assembly and
the Management Committee;
(g) Administering the technical assistance programmes and projects of the
Telecommunity;
(h) Where necessary, and except where otherwise directed by the General
Assembly or the Management Committee, representing the Telecommunity at
conferences or meetings to which the Telecommunity may be invited;
(i) Preparing the draft programme of work, budget estimates, accounts, annual
reports and periodic reports of the Telecommunity for submission to the
Management Committee for its consideration and approval.
1. There shall be two categories of budgets of the Telecommunity:
(a) The General Budget; and
(b) Special Budgets.
2. The expenses of the General Budget shall include the costs of:
(a) The General Assembly;
(b) The Management Committee;
(c) Conferences, meetings or other activities summoned by the Telecommunity for
which the expense is approved by the General Assembly or Management
Committee;
(d) The Secretariat and its activities;
(e) Technical Assistant activities of the Telecommunity; and
(f) Any other items as tht? General Assembly or the Management Committee may
approve.
3. The expenses of the Special Budgets shall include the costs of:
/0
(a) Activities for which the General Assembly or Management Committee
approves the expenses to be covered by a Special Budget; and
(b) Conferences or meetings convened by the Telecommunity for which the
expense is not covered in the General Budget.
4. The expenses of the Telecommunity shall ｢ｾ＠
met from the following sources:
(a) Regular contributions of the Members and Associate Members which shall be
a sum proportional to the number of units in the class of contribution
voluntarily chosen upon becoming the Members and Associate Members from
the following scale of unit classes:
60. 50. 40.30. 25. 20. 18. 16, 14, 12, 10, 9, 8, 7, 6, 5, 4, 3,2, 1, 0.5.
No reduction in a unit classification established in accordance with this
Constitution shall take effect between sessions of the General Assembly.
(b) Extra-budgetary contributions either in cash or in some other form which may
be voluntarily made by Members, Associate Members and other sources;
(c) The annual regular and extra-budgetary contributions made by the Affiliate
Members in accordance with their terms of affiliate membership; and
(d)Any other income earned by the Telecommunity.
5. The Members, Associate Members and Affiliate Members shall pay in 8dvance
their annual contributory shares, calculated on the basis of the annual budget
approved .by the Management Committee.
6. Each Member, Associate Member and Affiliate Member shall bear the expenses
of its delegations to the General Assembly, to the Management Committee and to
any other bodies on which it may be represented.
Article 12:
Legal Capacity, Privileges and Immunities
1. The Telecommunity shall possess juridical personality. It shall have the capacity
to:
Jl
(a) Contract;
(b) Acquire and dispose of immovable and movable property;
(c) Institute legal proceedings.
2. The Telecommunity shall conclude a headquarters agreement with its host
government.
3'. The Telecommunity and the officials thereof may enjoy, in the territory of ｾ｡｣ｨ＠
of
the Members and Associate Members of the Telecommunity, such privileges and
immunities as may be necessary for the exercise of its functions and fulfilment of
its objective as are accorded to the United Nations and the officials thereof under
. the Convention on the Privileges and Immunities of the United Nations, 1946, or,
at the option of any Member or Associate Member such privileges and immunities
as may be defmed by agreements concluded between it and the Telecommunity.
The Telecommunity shall establish and maintain close relations with the
. appropriate UnIted Nations bodies and specialized agencies and other appropriate
international and regional organizations.
Article 14: Withdrawal/Tom the Telecommunity
1. Any Member, Associate Member or Affiliate Member of the Telecommunity may
withdraw from the Telecommunity by a notification of withdrawal, addressed to
the Secretary General.
2. The Secretary General shall infonn all other Members, Associate Members and
Affiliate Members of his receipt of the notification, and transmit the notification
to the Depositary under Article 16 of this Constitution.
3. A notification of withdrawal shall take effect on the last day of-the same fiscal
year if it is received by the Secretary General within the first six months of the
fiscal year and one year after the receipt of notification if it is received later.
12
4. Any Member, Associate Member or Affiliate Member withdrawing from the
Telecommunity shall continue to be responsible for the obligations incurred for
the period of its membership.
Article 15: Dissolution ofthe TelecomnJ!",ity .
1. The General Assembly of the Telecommunity may, by a two-thirds majority of
the Members pre·sent and voting, resolve that the Telecommunity be dissolved.
2. On the approval of such a resolution by two-thirds of the Members of the
Telecommunity, in notifications addressed to the Secretary General, the necessary
steps shall be taken by the General Assembly for' dissolution of the
Telecommunity. These steps shall include establishment by the General
Assembly of a committee to liquidate the assets of the Telecommunity.
3. The General Assembly shall, at the appropriate stage, adopt a final declaration
stating that the Telecommunity is dissolved.
The declaration shall be
communicated by the Secretary General to the Depositary under Article 16 of this
Constitution.
kticle 16: Depositary o.fthe. ｃｯｾＢｴｩｮ＠
This Constitution shall be deposited with the Secretary General of the United
Nations (referred to as the "Depositary").
A.rticle 17: Signature, Ratification or A.cceptance
1. This Constitution shall until its entry into force be open for signature by all those
eligible for m.embership or associate membership of the Telecom.m.unity under
paragraph 2 or 4 respectively of Article 3.
2. This Constitution shall remain open for signature at the Headquarters of the
United:Nations, New York, where it will remain in deposit.
3. The Depositary shall send certified copies of this Constitution to all States and all
associate members of ESCAP eligible for membership in the Telecommunity
under paragraph 2 or 4 of Article 3.
4. This Constitution shall be subject to ratification or acceptance by the signatories.
The instruments of ratification or acceptance shall be deposited with the
13
Depositary who shall notify the other signatories of each deposit and the date
thereof.
5. Any signatory whose instrument of ratification or acceptance is deposited before
the date on which this Constitution enters into force, shall become a Member or
Associate Member of the Telecommunity on the date' of entry into force of this
Constitution. Any other signatory who complies with the provisions of the
preceding paragraph, shall become a Member or Associate Member of the
Telecommunity on the thirtieth day after the date on which its· instrument of
ratification or acceptance is deposited.
This Constitution shall enter into force on the thirtieth day after the deposit of
instruments of ratification or acceptance with the Depositary, by seven signatory
States that are eligible for membership in the Telecommunity under paragraph 2 of
Article 3, including Thailand, the country in which the headquarters of the
Telecommunity shall be.
ａｲｴｩ｣ｬ･ＺＢｾＱｮ＠
1. Any State eligible for membership in the Telecommunity under paragraph 2 of
Article 3 or any territory, part or group of territories 'eligible for associate
membership under paragraph 4 of Article 3, may accede to this Constitution by
deposit of an instrument of accession with the Depositary.
2. The instrument of accession shall become effective on the thirtieth day after the
date of its deposit. The pepositary shall notify the Members, Associate Members
and Affiliate Members of each. accession when it is received.
Article 20·: Associate ｍ･ｭ｢ｲｳｾｯｦｅｓｃａｐ＠
If any territory, part or group of territories eligible for associate membership in
the Telecommunity under paragraph 4 of Article 3, is not fully responsible for the
conduct of its international relations and if the Government of the State responsiQle
for the conduct of the international relations of that associate member, does not
accede to or is not eligible to accede to this Constitution on the associate member's
behalf, the associate member shall at the time of acceding to this Constitution present
an instrument issued by the Government of the State responsible for the conduct of
the international relations of the associate member confirming that the associate
14
member has authority to be a party to, and to assume rights and obligations under,
this Constitution.
Article 21: Amendment ofthe Constitution
1. Any Member may propose amendments to this Constitution.
2. Adoption of an amendment to this Constitution shall require a two-thirds majority,
of the Members present and voting in'the General Assembly.
3. The amendments shall enter into force on the thirtieth day after the deposit with
the Depositary of instruments of ratification or acceptance of such amendments by
two-thirds of the Members.
4. Any amendments to this Constitution shall be applied provisionally from the date
of their adoption where such is expressly provided therein pending their entry into
force in accordance with paragraph 3 of this Article 21. '
INFAITH WHEREOF the \Uldersigned, having been duly authorized to this effect by
their respective Governments, have signed this draft Constitution subject to ､ｾ･＠
process of ratification by Members on the dates appearing opposite their signatures.
/5
CERTIFICATION
CERTIFICAT
I hereby certify that the attached
document is a true copy of the English
text of the Amendments to the
Asia-Pacific Telecommunity done at
New Delhi on 23 November 2002, the
original of which is deposited with the
Secretary-General of the United Nations.
Je certifie que le texte ci-joint est
une copie conforme du texte anglais
des Amendements aux Statuts
de la Télécommunauté pour l'Asie et le
Pacifique fait à New Delhi le 23 octobre
2002, dont l’original est déposé auprès
du Secrétaire général.
Chief, Treaty Section,
Office of Legal Affairs
Chef de la Section des Traités,
Bureau des Affaires juridiques
Palitha T. B. Kohona
United Nations
New York, December 2005
Organisation des Nations Unies
New York, décembre 2005
Certified true copy XXV.2 (c)
Copie certifiée conforme XXV.2 c)
November 2004